How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Experion have loaded defaults of a same named person on my

Resolved Question:

experion have loaded defaults of a same named person on my credit rating
I now have access to the other persons addresses!!! as well
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
I have letters from 5 diff companies chasing for a dept of £15000
all quoting Experian as the source of the debters address etc.
It is mistaken identity already confirmed by Barclaycard
my credit rating is now classed as very poor
I also can see all the details of the other person address etc when I view the credit websit
seems like a Data Protection breach to me
Expert:  Jo C. replied 1 year ago.
OK. So what is your question about this please?
Customer: replied 1 year ago.
have they breached the data protection rules by linking the other persons name with mine online for all to see
Expert:  Jo C. replied 1 year ago.
Well, it depends what your intentions are.
You might well be able to get it corrected using the DPA if indeed it is wrong. That doesn't give rise to a claim in compensation though unless they had no basis at all for this entry and you have suffered clear financial quantifiable loss.
You can ask them to correct this. They are data controllers under the DPA and have a duty to keep their records accurate. You will have to produce evidence that this is nothing to do with you though.
If they refuse you can always complain to the Information Commissioner.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I have proof from Barclaycard by letter that its not me at all
The other person has the same DOB which I think is driving the issue.
I had this all closed with Barclaycard, then a week ago another letter arrived from a different debt collection agency. Lowell.
All the companies state the info is coming from Experian so I am now in the process of writing to them requesting that remove all defaults associated with the other person from my credit rating.
I have had a credit card refused and this may delay a £20k loan I am applying for.
I will mention the IC in the letter, please clarify who the DPA are.
I think my main question is are they legally bound to remove this information within say 10 daysThanks
Customer: replied 1 year ago.
we have totally different addresses as well
Expert:  Jo C. replied 1 year ago.
No.
You can ask them to remove it but they are entitled to the proper amount of time to consider it. 10 days is not sufficient.
I wouldn't go straight to the IC. You lose the threat if you do.
Jo C. and other Law Specialists are ready to help you